1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant suspended construction with the completion of only five structural works with respect to the construction of 7 units of housing units on the ground of 2,290 square meters in Gyeonggi-gun, Yangyang-gun (hereinafter “the entire construction of this case”).

B. On May 2, 2016, the Defendant: (a) drafted a power of delegation to the Plaintiff to the effect that the remaining part of the instant entire construction project shall be delegated to the Plaintiff; (b) the Plaintiff shall be paid an amount calculated by adding 30% to the actual cost incurred by the Plaintiff as the construction cost; and (c) agreed on July 6, 2016 to the entire portion of the instant entire construction project.

1. The Plaintiff is obliged to complete concrete construction work, such as C, D concrete remaining construction, E, and retaining walls based on the Fdong underground, with a total of KRW 98 million, including external stairs construction work.

2. The Plaintiff’s agreed construction cost of KRW 40 million and the total construction cost of KRW 50 million, and KRW 45 million shall be treated under the agreement between the Defendant and the Plaintiff as to the prepaid payment of KRW 3 million. The Defendant shall accept the contract, and the Defendant shall pay KRW 8 million to the Plaintiff.

3. The Defendant shall pay the construction cost of KRW 98 million to the actual cost settlement amount of KRW 52 million within three months after the completion of the construction work for aggregate shipbuilding costs of KRW 150 million.

C. On August 10, 2016, the Defendant agreed to give the Plaintiff a contract for the remaining concrete construction works among the instant entire construction works (hereinafter “instant framework construction contract”), and the main contents of the instant framework construction contract are as follows.

On the other hand, on October 31, 2016, the Plaintiff filed a lawsuit against the Defendant, separate from the instant lawsuit, seeking the payment of the construction cost of KRW 150,00,000 under the instant framework construction contract, and damages for delay thereof (Seoul Western District Court Decision 2016Da251829, hereinafter “Separate Lawsuit”) and is currently underway.

【Ground for Recognition: Facts without dispute, Gap evidence 1 (Evidence 4, Eul evidence 5) and Gap.